^ THIS PAMPHLET IS FOR PRESERVATION AND USE IN THE 
TOWN OR CITY TO WHICH IT IS SENT. 


Comm0nfocaIt[j oi P^assat^iisitts. 

-- 

AN ACT 

RELATING TO ELECTIONS, 

Approved by the Lieutenant-Governor, June 29, 1874. 

IN WHICH ARE INCORPORATED 


THE PROVISIONS OF THE SEVERAL ACTS RELATING TO ELECTIONS 
• PASSED SINCE THE GENERAL STATUTES. 


TOGETHER WITH THE PROVISIONS OF THE GENERAL STATUTES 
RELATING TO ELECTIONS WHICH REMAIN IN FORCE, 

AND OTHER ACTS OF 1874 RELATING TO ELECTIONS. 



BSEItf) 'Nottts snB J^eftrences, 

Prepared by the Secretary of the Commonweaeth, in conformity with 
Chapter 89 of the Resolves of 1874, 





BOSTON: 

WRIGHT & POTTER, STATE PRINTERS, 
79 Milk Street, Corner of Federal. 



































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THIS PAMPHLET IS FOR PRESERVATION AND USE IN THE 
TOWN OR OITY TO WHICH IT IS SENT. 


Cammanfocalt!) of P^assaidjusctts. 


Ai^ ACT 

EELATING TO ELECTIONS, 

Ari’ROVED BY THE LlEUTENANT-GOVERNOR, JUNE 29, 1874. 

IN WHICH ARE INCORPORATED _ 


THE PROVISIONS OF TPIE SEVERAL ACTS RELATING TO ELECTIONS 
PASSED SINCE THE GENERAL STATUTES. 


TOGETHER WITH THE PROVISIOXS OF THE GENERAL STATUTES 
RELATING TO ELECTIONS WHICH REMAIN IN FORCE, . 


AND OTHER ACTS OF 1874 RELATING TO ELECTIONS. 


Notes anti lAeferenccs, 

Prepared by the Secretary of the Commonavealth, in conformity aa ith 
Chapter 89 of the Resolves of 1874. 


) > 

» ■) 

^ 1 > 

BOSTON: 


WRIGHT & POTTER, STATE PRINTERS, 
79 Milk Street, Corner of Federal. 

1874. 











„<U-* '‘v • 

V'.-, 



Chap. 89. 

Resolye concerning the Printing of Laws relating to Elections. 

Besolved, That the secretary of the Commonwealth shall cause to be 
prepared a pamphlet containing the act passed at the present session, 
entitled an act relating to elections, together with the provisions of the 
General Statutes relating to elections which remain operative, with proper 
notes and references, in such form as may be convenient for jireservation 
and use in the several cities and towns of the Commonwealth ; and that he 
transmit three copies thereof to the clerk of every town, and three times as 
many copies to the clerk of every city as there are wards in such city; and 
also one copy to each city and town, at the same at which he furnishes 
blank forms for returns as required by section thirty-four of said act relating 
to elections .—[Approved June 30,1874. 


StP2l 

^ D.ofD. 


Acts of 1874, chapter 376. 

AN ACT Relating to Elections. 


Be it enacted by the Senate and House of Representatives, in General 
Court assembled, and by the authority of the same, as follows: 

I. PROVISIONS IN AMENDMENT OF SIX 

OF THE GENERAL STATUTES.* 

Section 1. Every male citizen of twenty-one years of 
age and upwards (except paupers, persons under guar¬ 
dianship, and persons excluded by article twenty of the 
amendments to the constitution), who has resided in the 
state one year, and within the city or town in which he 
claims a right to vote, six months next preceding any 
election of city, town, county, or state officers, or of 
representatives to congress, or electors of president and 
vice-president, and who has paid, by himself, his parent, 
master, or guardian, a state or county tax assessed upon 
him in this state within two years next preceding such 
election, and every citizen exempted from taxation but 
otherwise qualified, shall have a right to vote in all such 
elections; and no other person shall have such right to 
vote. 

Section 2. In any election of representatives to con¬ 
gress, no person shall be allowed to vote for the same 
until he shall have resided in the congressional district 
where he offers to vote, six months next preceding such 
jelection, and shall be otherwise qualified according to the 
constitution and laws : provided^ that when the state shall 
be districted anew for members of congress, he shall have 
the right so to vote in the district where he is located by 
such new arrangement; and provided, also, that no voter 
residing in any city which now is, or hereafter may be, 
divided by the line between congressional districts, shall 
be deprived of his vote in the district in which he was 
assessed, or liable to assessment, on the first day of May 

* The whole of Chapter Six of the General Statutes is repealed by section 58 
of this act. 


Qualificatlong of 
voters. 

O. S. 6, § 1. 


Not to be al- 
lowed to vote 
for representa- 
live in Congress, 
unless he has 
resided in dis¬ 
trict six months. 
1861, 145. 

Provisos. 


4 


Collectors to 
keep account of 
names of per¬ 
sons paying 
state or county 
tax. 

a. S. 6, § 2. 

To give receipt 
upon request. 


To return to 
selectmen, &c., 
twice a year, 
lists of persons 
who have paid 
taxes. 

G. S. 6, § 3. 


Penalty for neg¬ 
lect, or making 
a false return. 
G. S. 6, § 4. 


Assessment of 
taxes upon polls 
and estate. 

1868, 211, § 2. 
1869, 443. 


Lists of voters 
to be posted up 
ten days before 
election. 

G, S. 6, § 5. 


General Act relating to Elections. 

next preceding such congressional election, if he be other¬ 
wise qualified. 

Section 3. The collectors of state and county taxes 
in each city and town shall keep an accurate account of 
the names of all persons from whom they receive payment 
of any state or county tax, and of the time of such pay¬ 
ment; and, upon request, shall deliver to the person 
paying the same a receipt specifying his name and time of 
payment; and such receipts shall be admitted as presump¬ 
tive evidence thereof. 

Section 4. The collectors, whether the time for which 
they were chosen has expired or not, shall, twice in each 
year, namely, once not more than twenty nor less than 
fifteen days before the annual city or town elections, and 
once not more than twenty nor less than fifteen days 
before the Tuesday next after the first Monday in Novem¬ 
ber, return to the mayor and aldermen and selectmen of 
their respective cities and towns, an accurate list of all 
persons from whom they have received payment of any 
state or county tax subsequently to the time appointed for 
making their last preceding return. 

Section 5. Every collector neglecting to make such 
return shall forfeit one hundred dollars for each neglect; 
and twenty dollars for every name in respect to which he 
makes a false return. 

Section 6 . When any person, on or before the fif¬ 
teenth day of September, in any year, gives notice in 
writing, accompanied by satisfactory evidence, to the 
assessors of a city or town, that he was, on the first day 
of iMay of that year, an inhabitant thereof, and liable to 
pay a poll-tax, and furnishes under oath a true list of his 
polls and estate, both real and personal, not exempt from 
taxation, the assessors shall assess him for his polls and 
estate; but such assessment shall be subject to the pro¬ 
visions of chapter one hundred and twent 3 ^-one of the acts 
of the year one thousand eight hundred and sixty-five; 
and the assessors shall, on or before the first day of Octo¬ 
ber, deposit with the clerk of the city or town a list of 
the persons so assessed. The taxes so assessed shall be 
entered in the tax list of the collector of the city or town, 
and he shall collect and pay over the same in the manner 
sjiecified in his warrant. 

Section 7. The mayor and aldermen of cities, and 
selectmen of towns, shall at least ten days before the 
annual city and town elections, and at least ten days 


5 


General A.ct relating to Elections. 


before the Tuesday next after the first Monday in Novem¬ 
ber, annually, make correct alphabetical lists of all the 
persons qualified to vote for the several officers to be 
elected at those periods, and shall at least ten days before 
said elections cause such lists to be posted up in two or 
more public places in their respective cities and towns. 

Section 8. The selectmen of towns shall be in session selectmen to be 
at some convenient place for a reasonable time, within in forty-eight 
forty-eight hours n«xt preceding all meetings for the elec- day8,%o^rST 
tion of town, county or state officers, or of representatives quScaaons of 
in congress, or of electors of president and vice-president; gg 
for the purpose of receiving evidence of the qualifications i874,‘2o,§3. 
of persons claiming a right to vote in such elections and 
of correcting the lists of voters. Such session shall be 
holden for one hour at least before the opening of the * 

meeting on the day of the election, and notice of the time 
and place of holding the sessions shall be given by the 
selectmen upon the lists posted up as provided in the 
preceding section. 

Section 9. The mayor and aldermen of cities shall be Mayor and ai. 

. . ■! 1 . Til T T denneii to be in 

in session on the day immediately preceding the meeting session day be- 
for any election, and for as much longer time previous to conetrvSg-*^ 
said day as they judge necessary, for the purpose of 1874 20 , § 2 . 
receiving evidence of the qualifications of persons claiming 
a right to vote at such meeting, and of correcting the lists 


of voters; and they shall give notice of the time and 
place of holding the sessions upon lists of voters posted 
up as required by section seven of this act. When the 
day immediately preceding such meeting is Sunday, such 
session shall be held on the Saturday preceding. 

Section 10 . The name of no person shall be added to 
the voting-lists in any city after the lists have been placed 
in the hands of the ward officers, unless the qualifications 
of said person as a voter shall have been determined by 
the mayor and aldermen, at some meeting held previous 
to the opening of the polls; such fact to be verified by 
the certificate of the city clerk. 

Section 11. Voters in cities shall be registered in the 
respective wards wherein they are assessed, except as 
provided in the next section. 

Section 12. No person who removes from one ward 
in any city to another ward shall be registered as a legal 
voter in said last mentioned ward, or vote therein, until 


Additions to 
lists after being 
placed in bands 
of ward otficers. 
1867, 206. 


Voters to be 
registered 
where assessed. 
1872, 261, § 1. 

Not to be regis¬ 
tered in new 
ward until he 
has resided 
there three 


he has resided in said last mentioned ward continuously S 72 ,^^Si, § 2 . 
for a period of at least three months, when he may be so 


6 Oeneral Act relating to Elections, 

registered; and until any person who so removes shall 
have the right to be registered and vote in the last men¬ 
tioned ward, he shall have the right to vote in the ward 
in which he was previously registered, if otherwise qual¬ 
ified according to the constitution and laws. 

Sesai^^fl^^^ SECTION 13. In every town where the number of 
hewtheday qualified voters exceeds one thousand, a session of the 
selectmen for like purpose to that mentioned in section 
ttousanT® eight of this act, shall be holden on the day immediately 
m 4 ' 2 o §3 preceding the meeting, and for as much longer time 
previous to said day as they judge necessary for the pur¬ 
pose aforesaid. When the day immediately preceding 
such meeting is Sunday, such session shall be holden on 
the Saturday preceding. 

Selectmen to SECTION 14. The Selectmen shall also enter on such 

enter names o',,, „ , , 

qualified voters, hsts the name of any person known to them to be qualified 
G.s. 6, §8. to vote, and shall erase therefrom the name of any person 
known to them not to be qualified. 

NaturaMzation SECTION 15. The mayor and aldermen and selectmen 
pJdJced for before entering upon the lists the name of a naturalized 

fos^ection. citizen, shall require him to produce for their inspection 
his papers of naturalization and be satisfied that he has 
been legally naturalized; but they need not require the 
production of such papers after they have once examined 
and passed upon them. 

fog^faife^namJ’ SECTION. 16. Whoever gives a false name or a false 
a; s. 6 , 510 . ‘ answer to the mayor and aldermen or selectmen when in 
session for the purposes aforesaid, shall forfeit the sum of 
thirty dollars for each ofifence. 

Naraeefo^ SECTION 17. The mayor and aldermen and selectmen, 
turned by col- if they have duly entered on said lists the names of all 
G?s.” 6 , 5 ii. persons returned to them by the collectors, shall not be 

answerable for any omissions therefrom. 

Ter^foi^negieS’ SECTION 18. A city or towii officer who wilfully 
G. s. 6, § 12 . * neglects or refuses to perform any duty required of him 
G. 0.8, § 20 . provisions of this act, shall for each ofiTence forfeit 

a sum not exceeding two hundred dollars. 


General Act relating to Elections. 


7 


II. PROVISIONS IN AMENDMENT OF SECTIONS TWO, THREE, 

EIGHT AND NINE OF OHAFTER, SEVEIV OF THE 

GENERAL STATUTES.* 

Section 19. Meetings for the election of national, 
state, district and county officers may be opened as early 
as seven o’clock in the forenoon, and shall be opened as 
early as two o’clock in the afternoon of the election day, 
and the mayor and aldermen and selectmen shall decide 
whether such officers shall be voted for on one ballot or at 
the same time on separate ballots, and shall give notice 
thereof in the warrant calling the meeting. 

Section 20. Such meetings in cities shall be called 
according to the provisions of the acts establishing them 
and the acts in addition thereto, and the warrant for 
notifying such meetings shall specify the time when the 
polls for the choice of the several officers shall be opened, 
and the hour at which the polls shall be closed ; and the 
polls shall be kept open at least two hours; but in no 
case shall the polls be kept open after the hour of sunset. 

Section 21. Such meetings in towns shall be called 
by the selectmen in the manner ordered by the towns, and 
the warrant for notifying such meetings shall specify the 
time when the polls for the choice of the several officers 
shall be opened, and the hour at which the polls may be 
closed. The polls in towns shall be kept open at least 
two hours, and for such longer time as a majority of the 
voters present shall by vote direct, but they shall not be 
closed until the hour named in the warrant has arrived; 
and in no case shall the polls be kept open after the hour 
of sunset. 

Section 22. At town meetings for the election of 
national, state, district and county officers, the selectmen 
shall preside; and shall have all the powers which are 
vested in moderators. 

Section 23. The presiding officers at meetings held 
for the election of town or other officers, shall be provided 
with a complete list of the persons qualified to vote at 

* Sections one, two, three, eight and nine of Chapter Seven of the General 
Statutes are repealed by section 58 of this act. 

The provisions of section one are not reenacted, and are no longer in force. 

Section twenty-nine is repealed by the act of 1874, chapter 356, which is 
printed at page 18 of this pamphlet. 

The sections which are not repealed—namely, sections four, five, six, seven, 
and sections ten to thirty-six inclusive (except section twenty-nine), will be 
found at pages 20 to 25 inclusive, of this pamphlet. 


Meeting may 
be opened as 
early as 7 A.M., 
and shall be 
opened as early 
as 2 p.M. 

Gt. S. 7, § 2. 
1867, 50. 

1869, 62. 


Meetings in 
cities. 

U. S. 7, § 3. 


Meetings in 
towns. 

G. S. 7, § 3. 
1860, 138. 


Selectmen to 
preside at town 
meetings. 

G. S. 7, § 8. 


Presiding offi¬ 
cers of meetings 
to be furnished 
with list of 
voters. 

G. S. 7, § 9. 
1862, 180, § 1. 
1863, 198. 


8 


General Act relating to Elections, 

such election ; and no person shall vote at an election 
vdiose name has not been previously placed on such list, 
nor until the presiding officers tiiid and check his name 
thereon : 'provided^ however^ that in the election of town 
officers, it shall not be necessary to find and check the 
name of the voter, except in the cases where the election 
is, or may be, required by statute to be by ballot; and in 
all other cases, the check-list shall be used or not, as the 
town, at its meeting, may determine, except that in the 
election of moderators of town meetings, held for the 
choice of town officers, the check-list shall be used. 


III. PEOVISIONS IN AMENDMENT OF SECTIONS SEVEN TO 
TWENTY-FOUR INCLUSIVE OF OHAPTEK- EIGtHT 
OF THE GENERAL STATUTES.^ 


Voters to be 
notified to bring 
votes on one 
ballot for rei>re- 
scntatives. 


G. S. 8, § 7. 


In towns and 
wards compris¬ 
ing jjart of a 
district, tran¬ 
script of record 
to be forthwith 
delivered to 
clerks. 

G-. S. 8, § 10. 


Commissioners 
to designate 
place where 
clerks shall 
assemble to 
learn result of 
elections. 

G. S. 8, § 11. 


Bepresentaiives to the General Court. 

Section 24. Warrants for meetings for the election of 
representatives to the general court shall direct that the 
voters in towns, cities and wards, be notified to bring in 
their votes on one ballot for the representatives to which 
their several districts are entitled, and shall specify the 
number thereof. And such elections shall be conducted 
and the results thereof determined as provided in chapter 
seven of the General Statutes, except as otherwise pro¬ 
vided in this act. 

Section 25. In towns, cities and wards, composing a 
part of a representative district, the selectmen and town 
clerks and ward officers, in open town and ward meetings, 
and the mayor and aldermen and city clerks, shall forth¬ 
with upon the vote for representative being recorded, 
make out under their hands and seal up and deliver to 
their respective clerks, a true transcript of such record. 

Section 26. The county commissioners, mayor and 
aldermen, or board of aldermen, or such special commis¬ 
sioners as are authorized to apportion the representation 
assigned to the several counties, at their meeting for such 
purpose, shall designate a place in each representative 
district, not contained in or consisting of one town or 


* Sections seven to twenty-fonr inclusive of Chapter Eight of the General 
Statutes are repealed by section 58 of this act. 

Sections two to six, contained the provisions establishing the districts for the 
choice of councillors, senators and representatives, as they existed at the time of 
the passage of the General Statutes, which, having been superseded by later acts, 
are no longer in force. 

Section one is printed at page 26 of this pamphlet. 


9 


General A.ct relating to JElections. 

city, at which the clerks of towns, cities and wards, com¬ 
posing such district, shall assemble for the purpose of 
ascertaining the result of elections. Due notice of such 
appointment shall be given by said commissioners or 
mayor and aldermen to every town, city and ward, in the 
district. Such place of meeting may be changed once in 
two years by the same authority, after a hearing on the 
petition of two of such clerks. 

Section 27. The clerks of cities, towns and wards, 
composing such districts, shall meet at noon on the day 
following an election for representatives, at the place so 
designated, and shall examine and compare such tran¬ 
scripts and ascertain what persons have been elected. If 
any error appears in a transcript or return, the clerks 
shall forthwith give notice thereof to the officers required 
to make the return, and such officers shall forthwith, in 
conformity with the truth and under oath, make a new 
return, which, whether made with or without such notice, 
shall be received and examined by said clerks within two 
days after the time appointed for the meeting; and for 
that purpose the meeting may be adjourned not exceeding 
two days. No return shall be rejected when the number 
of votes given for each candidate can be ascertained. 

Section 28. Such clerks shall at such meeting make 
out under their hands a complete return of the names of 
all persons for whom votes were given in the district, and 
the number of votes for each person, and a record of the 
return shall be made in the book of records of their respec¬ 
tive cities, towns and wards, within four days after the 
day of the meeting. 

Section 29. When it is ascertained who is elected 
representative in a district, composed of one town or city, 
or one or more wards of a city, the selectmen or mayor 
and aldermen shall make out duplicate certificates thereof, 
one of which they shall transmit to the office of the secre¬ 
tary of the Commonwealth on or before the first Wednes¬ 
day in January following, and the other by a constable or 
other authorized officer to the person elected, within ten 
days after the day of election. 

Section 30. When the clerks of cities, towns and 
wards composing a district, at their meeting for the pur¬ 
pose, ascertain that a representative is elected in their 
district, they or a majority of them shall make out dupli¬ 
cate certificates thereof, one of which they shall deliver 
into the office of the secretary of the Commonwealth, on 
2 


Clerks to assem¬ 
ble and ascer- 
tain whal per¬ 
sons have been 
elected. 

O. S. 8, § 12. 


Clerks to make 
return and 
record. 

G. S. 8, § 13. 

See § 35. 


Duplicate cer¬ 
tificates- of elec¬ 
tion to be made 
by selectmen, 
&c. 

Or. S. 8, § 15. 


Duplicate cer¬ 
tificates by 
clei-ks. 

G. S. 8, § 16.. 


10 


Form of certifi¬ 
cate. 

Q. S. 8, § 17. 


If no choice is 
effected, certifi- 
cate of fact to be 
transmitted to 
secretary of the 
Commonwealth. 


Vacancy in rep- 
resentative dis¬ 
trict. 

Gr. S. 8, § 18. 


Secretary of 
Commonwealth 
to furnish blank 
forms, &c. 

Q. S. 8, § 19. 


Number of bal¬ 
lots to be dis¬ 
tinctly stated in 
words at length. 


General Act relating to Elections, 

or before the first day of January following, and the other 
by a constable or other authorized officer transmit to the 
person elected, within ten days after the day of election. 

Section 31. Such certificates of election shall be in 
substance as follows :— 

Commonwealth of Massachusetts, county of . Pursu¬ 

ant to a law of this Commonwealth, the qualified voters of Represen¬ 
tative District Number * , in their several meetings on the 

day of November instant, for the choice of representatives 
in general court, did elect , being inhabitants 

of said district, to represent them in the general court to be holden 
on the first Wednesday of January next. 

Dated at the day of in the year one 

thousand eight hundred and 

Such certificate shall have a return thereon, signed by 
the officer authorized to give such notice, and stating that 
notice of the choice was given to the persons therein men¬ 
tioned, and that said persons were summoned to attend 
the general court accordingly. 

Section 32. If it shall appear that no choice of rep¬ 
resentative has been effected by reason of two or more 
persons having the same number of votes so that no per¬ 
son has a plurality, a certificate of the fact shall be trans¬ 
mitted to the secretary of the Commonwealth by the same 
officers and in the same manner as is provided in sections 
twenty-nine and thirty of this act for one of the certifi¬ 
cates of election in cases when an election is made. 

Section 33. When a vacancy occurs in a representa¬ 
tive district, the speaker of the house of representatives 
shall, in the precept which he may issue by order of the 
house giving notice of such vacancy, appoint a time for 
an election to fill the same. Upon the reception of such 
precept, the mayor and aldermen of a city and the select¬ 
men of the towns comprising the district, shall issue their 
warrants for an election on the day named in the precept; 
and similar proceedings shall be had in filling such vacancy 
as in the original election of representatives. 

Section 34. The secretary of the Commonwealth 
shall furnish to cities and towns blank forms for certifi¬ 
cates, transcripts and returns required under this act. 
Such blanks for returns shall have printed thereon sections 
twenty-nine, thirty, thirty-one and thirty-two of this act, 
and the first four sections of chapter two of the General 
Statutes. 

Section 35. In all returns of elections the whole 
number of ballots given in shall be distinctly stated in 


General Act relating to Elections, 


11 


words at length; and blank pieces of paper shall not be 
counted as ballots : provided^ that the omission to state 
the whole number of ballots shall not make the return 
invalid in any case in which the true result of the election 
can be ascertained from the other parts of the return. 

Section 36. Selectmen giving a certificate of election 
to a person voted for as representative to the general 
court, not in accordance with the declaration of the vote 
in open town meeting at the time of the election, shall 
forfeit three hundred dollars. 

Section 37. Clerks wilfully signing a certificate not 
in Conformity with the result of an election, as apparent 
by the transcripts and returns, shall forfeit a sum not 
exceeding three hundred dollars. 

Section 38. Towns and cities may provide suitable 
compensation to clerks and selectmen for services per¬ 
formed by them under the requirements of this act. 

Section 39. In case of a vacancy in the office of 
town, city or ward clerk, or any disability in such clerk 
to perform the duties required by this act, the selectmen, 
mayor and aldermen, or board of aldermen, or warden, 
may appoint a clerk pro tempore^ who shall be sworn and 
perform such duties. 


Penalty on 
selectmen for 
false certificate. 
G. S. 8, § 21. 


Penalty on 
clerks for false 
certificate. 

a. S. 8. { 22. 


Compensation 
of clerks and 
selectmen. 

G. S. 8, § 28. 

Clerk pro tem. 
may be ap¬ 
pointed. 

G. S. 8, 5 24. 


IV. PEOVISIONS RELATING TO THE PRESERVATION OF BAL¬ 
LOTS AND CHECK-LISTS IN CITIES. 

Section 40. In all elections in cities, whether the Ballots which 
same shall be for United States, state, county, city or in, to be seared 
ward officers, it shall be the duty of the warden, or other veiopr^^^^ 
presiding officer, to cause all ballots which shall have been 144, §i. 
given in by the qualified voters of the ward in which such 
election has been held, and after the same shall have been 
assorted, counted, declared and recorded, to be secured 
in an envelope, in open ward meeting, and sealed with a 
seal provided for the purpose; and the warden, clerk, 
and a majority of the inspectors of the ward, shall in¬ 
dorse upon the envelope for what offices and in what ward 
the ballots have been received, the date of the election, 
and their certificate that all the ballots given in by the 
voters of the ward, and none other, are contained in said 
envelope. 

Section 41. The warden, or other presiding officer to be trans. 
shall forthwith transmit the ballots, sealed as aforesaid, to 
the city clerk, by the constable in attendance at said elec- 1863,144, §2. 


12 


City clerk to' 
furnish ward 
clerk w'ith seal 
of suitable 
device. 

1863, 144, § 3. 

To retain ballots 
not less than 
sixty days. 


Check-list to be 
enclosed and 
sealed up. 

1872, 270. 


Oeneral Act relating to Elections. 

tion, or by one of the ward officers, other than the clerk ; 
and the clerk shall retain the custody of the seal, and 
deliver the same, together with the records of the ward 
and other documents, to his successor in office. 

Section 42. The city clerk shall cause to be furnished 
to the clerks of the several wards a seal of suitable device, 
the design of which shall include the number or designa¬ 
tion of the ward for which it shall be furnished. He shall 
receive and retain in his care the ballots transmitted to 
him, for the space of not less than sixty days; if within 
the time prescribed by law for forwarding returns or de¬ 
claring the results of an election, ten or more citizens of 
any ward shall notify the city clerk, by a written state¬ 
ment, that they have reason to believe that the returns of 
the ward officers are erroneous, and shall specify wherein 
they deem them in error, the said clerk shall receive such 
statement, and shall notify the board of aldermen, or the 
committee thereof appointed to examine the returns of 
said election, and the board of aldermen, or their com¬ 
mittee, shall, within the time required by law for exam¬ 
ining the returns or declaring the results of the election, 
examine the ballots thrown in said ward, and determine 
the questions raised ; they shall then re-seal the envelope, 
either with the seal of the city or a seal provided for the 
purpose, and shall indorse upon said envelope a certificate 
that the same has been opened and re-sealed by them in 
conformity to law; and the ballots, sealed as aforesaid, 
shall be returned to the city clerk, who, upon their certifi¬ 
cate, shall alter and amend such returns as are found to 
be erroneous, and such amended returns shall stand as the 
true return of the ward. And if, within sixty days of an 
election, any person who received votes for any office at 
said election, shall serve upon the city clerk, by himself, 
his agent or attorney, a written notification claiming an 
election to such office, and declaring an intention to con¬ 
test the right of any person who has received or who may 
receive a certificate of election for the same, the city clerk 
shall retain such ballots, sealed as aforesaid, subject to 
the order of the body to which such person shall claim to 
have been elected, or until such claim shall have been 
withdrawn or finally decided. 

Section 43. In all elections in cities in which a check¬ 
list is required by law to be used, the warden or other 
presiding officer of each ward shall cause the check-list so 
used to be inclosed and sealed in an envelope in the same 


13 


Oeneral Act relating to Elections. 

manner as the ballots cast at said election are required by 
law to be secured by section forty of this act, and the 
warden, clerk and a majority of the inspectors in each 
ward shall certify on such envelope to the identity of the 
check-list so inclosed : provided, that nothing in this act Proviso, 
shall be construed to prevent the clerk of any city from 
furnishing a copy of a check-list after it has been used in 
any ward, upon the application of not less than ten legal 
voters resident therein ; and immediately upon such copy 
being furnished, the check-list shall be again sealed up. 

Section 44. Whenever in any election the right of 
any person offering to vote is challenged for any cause right to vote is 
recognized by existing laws, it shall be the duty of the 
warden or presiding officer, if the person challenging shall 
so demand, to require the person so offering to vote to 
write his name and residence upon the ballot so offered 
and challenged, and the warden or presiding officer shall 
add thereto the name of the person challenging the same, 
and the cause assigned therefor, before such ballot shall 
be received; and if such ballot shall be offered sealed, 
the writing as aforesaid may be upon the envelope cover¬ 
ing the same, and the warden or other presiding officer, 
in the presence of the clerk and at least one inspector, 
shall mark and designate such ballot by writing thereon 
the name of the person by whom it was cast before it is 
counted, and at the close of the election the same shall be 
returned to the envelope in which it was deposited : pro¬ 
vided, that nothing contained in this section shall be so 
construed as to permit ward officers to receive any vote 
which, by existing laws, they are required to refuse. 

Section 45. If any city clerk shall wilfully neglect or Penalty on city 
refuse to comply with any of the requirements of the pre- 
ceding five sections of this act, he shall be punished by ^ 

a fine not exceeding two hundred dollars. And if any 
warden or other presiding officer, constable or ward offi¬ 
cer as aforesaid, shall wilfully neglect or refuse to comply 
with the provisions of said sections, he shall be punished 
by a fine of not less than twenty, or more than two hun¬ 
dred dollars, or by imprisonment in the county jail for a 
term not exceeding one year. 


14 


General Act relating to Elections. 


Ballots to be 
preserved by 
selectmen of 
towns. 

1871, 40, § 1. 


Clerk to pre¬ 
serve envelope 
unopened for 
sixty days. 
1871, 40, § 2. 


Check-list to be 
sealed up, &c. 


Proviso. 


Duty of select¬ 
men when right 
to vote is chal¬ 
lenged. 

1871, 40, § 3. 


V. PROVISIONS RELATING TO THE PRESERVATION OF BAL¬ 
LOTS AND CHECK-LISTS IN TOWNS. 

Section 46. At every election in towns for officers 
other than town officers, the selectmen shall cause all bal¬ 
lots given in, after having been counted, declared and 
recorded, to be secured in an envelope and sealed, and 
they shall indorse on such envelope for what officers the 
inclosed ballots were cast, and at what election, and the 
same shall be sealed, indorsed and delivered to the town 
clerk, before the adjournment of the meeting at which the 
ballots were cast. 

Section 47. The clerk .shall carefully preserve such 
envelope, unopened, sixty days, and if within that time 
any person voted for serves notice on him in writing, 
claiming an election, and desiring a recount of said bal¬ 
lots, the clerk shall continue to hold such envelope, sub¬ 
ject to the order of the legislative body to which such 
person claims an election, or in other cases, of the board 
required by law finally to examine the returns and issue 
certificates of election; and in all such cases said legisla¬ 
tive body or board may take and open said envelope and 
recount the ballots thus preserved. 

Section 48. In all elections in towns in which a 
check-list is required by law to be used (except elections 
for town officers), the selectmen shall cause the check-list 
so used to be inclosed and sealed in an envelope, in the 
same manner, but not in the same envelope, as the ballots 
cast at said election are required by law to be secured by 
section forty-six of this act; and a majority of the select¬ 
men shall certify on such envelope to the identity of the 
check-list so inclosed: provided^ that nothing in this act 
shall be construed to prevent the selectmen from furnish¬ 
ing a copy of a check-list after it has been used in any 
election, upon the application of not less than ten legal 
voters, resident therein ; and immediately upon such copy 
being furnished, the check-list shall be again sealed up, 
with a new certificate attached, by which the identity and 
original condition shall be certified by a majority of the 
selectmen. 

Section 49. When the right of a person offering a 
ballot at any election in towns for officers, other than 
town officers, is challenged for any cause recognized by 
law, the selectmen, if they receive the same, shall require 


15 


General Act relating to Elections, 

the voter to write his name and residence thereon, and 
they shall add thereto the name of the challenger, and the 
cause assigned for challenging. And if such ballot shall 
be offered sealed, the writing as aforesaid may be upon 
the envelope covering the same, and the selectmen shall 
mark and designate such ballot by writing thereon the 
name of the person by whom it was cast, before it is 
counted, and at the close of the election the same shall be 
returned to the envelope in which it is deposited. 

Section 50. Whoever wilfully or negligently violates 
any provision of the four preceding sections of this act, 
shall be punished by a fine not exceeding two hundred 
dollars, or by imprisonment in the county jail not exceed¬ 
ing one year. 

VI. PROVISIONS RELATING TO THE ELECTION OF WARD 
OFFICERS IN CITIES. 

Section 51. At each municipal election in any city, it 
shall be the duty of the ward officers of the several wards 
to make out and sign certificates of the election of such 
ward officers as are choseii at such election, in the manner 
now provided by law, and said certificates for each ward 
shall be placed in one envelope, endorsed "ward officers 
chosen in ward number and transmitted to the city 

clerk, who shall retain said envelopes unopened for twenty 
days, subsequent to the day of said election, and he shall 
then open said envelopes, and transmit said certificates to 
the persons who appear to be thus chosen. 

Section 52. If, within said twenty days a statement, 
in writing, is filed with the city clerk, signed by ten legal 
voters in any ward, stating that they believe that the 
warden, or clerk, or any inspector of elections of said 
ward, who has been declared elected, did not receive a 
plurality of the votes cast on the preceding election day, 
it shall be the duty of the city clerk to lay the same 
before the board of aldermen for the time being, who 
shall proceed to count the original ballots cast for such 
warden, clerk or inspector, and shall declare the result, 
and shall issue a certificate to the person entitled thereto: 
provided, that this act shall not apply to ward officers 
chosen to fill vacancies on election day. 

Section 53. If the charter of any city, or any act in 
amendment of such charter, or otherwise relating to such 
city, contains any specific and particular provision incon- 


Penalty. 
1871, 40, § 4. 


Ward officers to 
issue certificates 
of election of 
ward officers. 
1867, 240, § 1. 


Re-count of 
ballots. 

1867, 240, § 2. 


Specific pro¬ 
visions con- 
tained in city 
charters to re 
main in force. 


16 


Proviso. 
1872, 140. 
1874, 20, § 1. 


Statement of 
number of votes, 
&c,, not to be 
made before 
close of polls. 
1873, 376, § 5. 


Penalty. 

1873, 376, § 6. 


Rights of In¬ 
dians not to be 
abridged. 

1862, 184. 

1869, 463. 


Registrars of 
voters in Boston. 
1874, 60. 


Repeal. 


Proviso. 


General Act relating to Elections. 

sistent with such of the provisions of this act as apply to 
cities, such specific and particular provision shall continue 
in force in such city, anything in this act contained to the 
contrary notwithstanding : provided, however, that all elec¬ 
tions in cities which, by any act, are appointed to be held 
on Monday, shall be held on the Tuesday next following 
such Monday. 


VII. CONCLUDING PROVISIONS. 

Section 54. Until the close of the polls and the public 
declaration of the vote at an election in any city, no state¬ 
ment shall be made by any warden, inspector or clerk, of 
the number of ballots cast, the numbers of voters present, 
the number of votes given for any person or for any offi¬ 
cer, the name of any person who has voted, the name of 
any person which has been voted on, nor of any other fact 
tending to show the state of the polls. 

Section 55. Any warden, ward clerk, or inspector 
violating the provisions of the preceding section of this 
act, shall be punished by a fine of not more than one hun¬ 
dred dollars or imprisonment in the house of correction for 
twenty days. 

Section 56. Nothing contained in the first section of 
this act shall be construed to limit or abridge the rights of 
Indians, and people of color heretofore known and called 
Indians, within this Commonwealth, as declared by chap¬ 
ter one hundred and eighty-four of the acts of the year 
one thousand eight hundred and sixty-two, and chapter 
four hundred and sixty-three of the acts of the year one 
thousand eight hundred and sixty-nine. 

Section 57. Nothing contained in this act shall aflPect 
the validity of the provisions of chapter sixty of the acts 
of the present year, entitled an act to establish the board 
of registrars of voters of the city of Boston and to reg¬ 
ulate the preparation and revision of the voting-lists in 
said city. 

Section 58. Chapter six of the General Statutes, sec¬ 
tions one, two, three, eight and nine of chapter seven of 
the General Statutes, and sections seven to twenty-four, 
inclusive, of chapter eight of the General Statutes, together 
with the several acts enumerated in the schedule hereto 
appended, are hereby repealed : provided, that such repeal 
shall not revive any act heretofore repealed or superseded ; 
and the provisions of this act, so far as they are the same 


General Act relating to Elections. 17 

as those of existing laws, shall be construed as a continua¬ 
tion of such laws, and not as new enactments; and refer¬ 
ences ill laws not repealed to provisions of laws incorpo¬ 
rated herein, shall be construed as applying to the same 
provisions so incorporated. 

Schedule of Acts Repealed. List of acta 

repealed. 

An Act of the Year One Thousand Eight Hundred and Sixty. 

Chapter 138. An act concerning municipal elections. 

An Act of the Year One Thousand Eight Hundred and Sixty-one. 

Chapter 145. An act defining the qualifications of voters for representatives to Congress. 

An Act of the Year One Thousand Eight Hundred and Sixty-two. 

Chapter 180. Seetion first of an act relating to the election of town officers. 

Acts of the Year One Thousand Eight Hundred and Sixty-three. 

Chapter 144. An act concerning elections in cities. 

Chapter 198. An act in relation to the election of moderators of town meetings. 

Acts of the Year One Thousand Eight Hundred and Sixty-seven. 

Chf?\iter 50. An act in relation to the time of holding meetings for the election of cer¬ 
tain officers. 

Chapter 206. An act in addition to an act concerning the qualifications of electors. 

Chapter 240. An act in relation to the election of ward officers. 

An Act of the Year One Thousand Eight Hundred and Sixty-eight. 

Chapter 211. An act relating to the assessment of taxes. 

Acts of the Year One Thousand Eight Hundred and Sixty-nine. 

Chapter 62. An act concerning elections in cities and towns. 

Chapter 443. An act to repeal section one of chapter two hundred and eleven of the acts 
of the year eighteen hundred and sixty-eight, concerning the assessment of taxes. 

An Act of the Year One Thousand Eight Hundred and Seventy-one. 

Chapter 40. An act concerning the preservation of ballots in towns. 

Acts of the Year One Thousand Eight Hundred and Seventy-two. 

Chapter 140. An act to 'change the time of holding the ahnual municipal elections in 
cities. 

Chapter 261. An act in relation to the change of domicile of voters in cities. 

Chapter 270. An act concerning elections in cities. 

An Act of the Year One Thousand Eight Hundred and Seventy-three. 

Chapter 376. An act to prevent fraud at elections in cities. 

An Act of the Year One Thousand Eight Hundred and Seventy-four. 

Chapter 20. An act concerning elections in cities. 

Section 59. This act shall take effect upon its passage. 

[Approved June 29, 1874. 


3 


18 


General Acts relating to Elections. 


Acts of 1874, Chapter 356. 

AN ACT to punish illegal voting and to secure the purity 
of elections. 

Be it enacted, &c., as follows: 

niegSwting Section 1 . Whoever with fraudulent intent votes, or 
attempts to vote upon any name other than his own at any 
national, state or municipal election, or whoever know- 
ingly gives more than one ballot at one time of balloting 
at an election, shall be punished by imprisonment in the 
house of correction for not less than sixty days nor more 
than six months. 

brXryateiec. SECTION 2. If'ally person shall pay, give or bestow, 

tions. or directly or indirectly promise, any gift or reward to 

secure the vote or ballot of any person for any officer to 
be voted for at any national, state or municipal election, 
the person so offending upon conviction before the court 
having jurisdiction of such offence shall be punished by a 
tine of not less than fifty nor more than one thousand dol¬ 
lars, or by imprisonment in the house of correction not 
less than sixty days nor more than six months, or by 
both, at the discretion of the court. 

Repeal of G. 8. SECTION 3. The tweiity-ilinth section of the seventh 

chapter of the General Statutes is hereliy repealed. 

[Approved June 23,1874. 


Acts of 1874, Chapter 344. 

AN ACT to protect the use of alphabetical lists of voters.* 

Be it enacted, &c., as follows: 

Penalty for SECTION 1. Wliocver in ail assembly of people, met 

false name. ^ for a lawful purpose, at which an alphabetical list of voters 
is used in voting, votes, or attempts to vote, under any 
name other than his own, shall be punished by a fine not 
exceeding fifty dollars, or by imprisonment in the jail not 
exceeding thirty days, on complaint in any court of com¬ 
petent jurisdiction. 

Section 2 . This act shall take effect upon its passage. 

[Approved June 18, 1874. 

* This act is inserted in this pamphlet in case it may prove convenient for 
reference. 




Oeneral Acts relating to Elections. 


19 


Acts of 1874, Chapter 329. 

AN ACT to amend section eight of chapter ten and section 
thirteen of chapter seventeen of the General Statutes re¬ 
lating to county and special commissioners.'' 

Be it enacted, &c., as follows: 

Section 1. Section eight of chapter ten of the Gen¬ 
eral Statutes is amended by striking from said section the 
words ” except the county of Dukes County,” also the 
words ''except in the county of Dukes County.” 

Section 2 . Section thirteen of chapter seventeen of 
the General Statutes is amended by striking out the last 
clause after the word "thereon.” 

Section 3. This act shall take effect upon its passage. 

{^Approved June 11, 1874. 


Amendment to 
O. S. 10, § 8. 


Amendment to 
G-. S. 17, § 13. 


* Chapter ten of the General Statutes is printed at pages 29 to 33 inclusive, of 
this pamphlet. Chapter seventeen does not relate to elections. 


20 


General Statutes, Chapter Seven. 


Secretary of 
Con\mon wealth 
to provide enve¬ 
lopes, 

18ol, 226, § 2. 
1850, 36, § 2. 


Clerks to pro¬ 
cure envelopes 
from secretary. 
1851, 2-26, § 3. 
1853, 36, § 2. 


Selectmen &c. 
to provide enve¬ 
lopes at polls. 
1851, 226, § 3. 
1853, 36, § 2. 
1856, 173, § 10. 


Fraudulently 
obtaining enve¬ 
lopes. 

1851, 226, § 7. 


PROVISIONS OP THE GENERAL STATUTES 

RELATING TO ELECTIONS, 


EEMAmrNG rtf force. 


I. PROVISIONS RELATING TO ENVELOPES. 

General Statutes, Chapter 7, §§ 4, 5, 6, 7. 

Section 4. The secretary of the Commonwealth shall 
provide and keep constantly in his office a sufficient num¬ 
ber of self-sealing envelopes to supply all the voters in 
the Commonwealth, and shall furnish the same to the clerks 
of the several cities and towns when applied for. Such 
envelopes shall be of uniform size and color and bear the 
arms of the Commonwealth, and no other envelopes shall 
be used at the polls. 

Section 5. The city and town clerks shall obtain from 
the secretary such number of envelopes as may be suffi¬ 
cient to meet the wants of the voters of their respective 
cities and towns, and keep the same subject to the order 
of the selectmen of towns, or the wardens and inspectors 
of cities. 

Section 6 . The ward officers in each cjty and the 
selectmen of each town shall obtain from the city or 
town clerks and provide at the polls on the day of election 
a sufficient number of such envelopes, and supply each per¬ 
son claiming to be a voter in said city or town, on his 
personal application, with such number as the pending 
election may require, and return to the clerk all envelopes 
not used. 

Section 7. Whoever wilfully claims to be a voter, 
knowing that he is not a voter where the claim is made, 
and by reason thereof fraudulently obtains an envelope 
from the persons having the custody of the same on the 
day of the election, shall be liable to a fine of not less than 
ten nor more than fifty dollars. 



General Statutes^ Glia'pter Seven, 


21 


II. GENERAL PROVISIONS APPLYING TO ELECTIONS. 

General Statutes, Chapter 7 , §§ 10-36. 

Section 10 . The selectmen shall not be answerable for 
refusing the vote of any person whose name is not on the 
list of voters, unless such person before offering his vote 
furnishes them with sufficient evidence of his having the 
legal qualifications of a voter at such meeting, and requests 
them to insert his name on said list. 

Section 11 . The moderator of a town meeting shall 
receive the votes of all persons whose names are borne on 
the list of voters as certified by the selectmen ; and shall 
not be answerable for refusing the vote of a person whose 
name is not on said list. 

Section 12 . No vote shall be received by the presid¬ 
ing officers at any election provided for in this chapter, 
[that is, at any election for national, state, district, county, 
city, or town officers], unless presented for deposit in the 
ballot box by the voter in person in a sealed envelope, or 
open and unfolded, and so that such officers can know but 
one ballot is presented. 

Section 13. Votes for different persons for the same 
office found in one envelope shall not be counted, and if 
more than one vote for the same person for the same 
office is found in one envelope, but one such vote shall be 
counted, and no vote shall be counted which does not 
clearly indicate in writing the office for which the person 
voted for is designed, except when but one officer is voted 
for. 

Section 14. In all elections of civil officers by the 
people, the person or persons having the highest number 
of votes shall be deemed and declared to be elected; but 
no persons receiving the same number of votes shall be 
deemed to be elected, if thereby a greater number would 
be elected than required by law. 

Section 15. The votes in elections for national, state, 
county, and district officers, shall be received, sorted, and 
counted, by the selectmen, and by the ward officers, and 
public declaration made thereof in open town and ward 
meetings. The names of persons voted for, the number 
of votes received for each person, and the title of 
the office for which he is proposed, shall be entered in 
words at length by the town and ward clerks in their 


Selectmen when 
not answerable 
for refusing 
votes. 


K. 8. 3, § 9. 
6 Met. 298. 


Votes, what 
shall be re¬ 
ceived . 

K. S. 3, § 10. 
See 1863,144, § 4 


how deposited. . 
R. S. 4, § 4. 

1839, 42, § 5. 

1851, 226, § 6. 

1853, 36, § 1. 

23 lick. 308 
See 1871,124, §4. 


Votes when to 
be rejected, &c.- 

1853, 36, § 1. 

1854, 59, § 1. 

See 1871, 124, § 4. 


Results of elec¬ 
tions, how de¬ 
termined. 
Amend, const, 
art 14. 

1856, 157, §§ 1, 2. 

1857, 185. 


Selectmen and 
ward officers to 
count votes. 
1857, 171, §§ 1, 2. 
1857, 311. 

See Ch. 9, §§ 4, 
12 . 

See 1863, 144. 
1867, 240. 

1871, 40. 

1872, 270. 


22 


General Statutes, Chapter Seven. 


Mayor and al¬ 
dermen and 
clerk to exam¬ 
ine returns and, 
if faulty, require 
new returns. 
Other regula¬ 
tions. 

1852, 209, § 1. 
See Ch. 9, § 12. 
See 1863, 144. 
1867, 240. 

1871. 40. 


City and town 
clerks to make 
returns of votes 
to secretary, &c. 
K. S. 14, §§ 17, 
44, 101, 107. 

1850, 299, § 2. 
1852, 53. 

1855, 92, § 2. 

1856, 118. 

1857, 171, §§ 1, 2. 

1857, 311. 

1858, 93, §§ 4,12. 
See Ch. 9, § 12. 
13 Gray, 83. 


records.* The ward clerks shall forthwith deliver to the 
city clerks certified copies of such records, who shall 
forthwith enter the same in the city records. 

Section 16. The mayor and aldermen and the clerk of 
each city shall forthwith after an election examine the 
returns made by the returning officers of each ward in such 
city, and if any error appears therein they shall forthwith 
notify said ward officers thereof, who shall forthwith make 
a new and additional return, under oath, in conformity to 
truth, which additional return, whether made upon notice 
or by such officers without notice, shall be received by the 
mayor and aldermen or city clerk at any time before the 
expiration of the day preceding that on which by law they 
are required to make their returns or to declare the results 
of the election in said city; and all original and additional 
returns so made shall be examined by the mayor and 
aldermen and made part of their returns of the results of 
such election. In counting the votes in an election no 
returns shall be rejected when the votes given for each 
candidate can be ascertained. 

Section 17. City and town clerks shall within ten days 
from the day of an election for governor, lieutenant- 
governor, councillors, senators, secretary, treasurer and 
receiver-general, auditor, attorney-general, representatives 
in congress, commissioners of insolvency, sheriffs, regis¬ 
ters of probate and insolvency, district-attorneys, or clerks 
of the courts, transmit copies of the records of the votes, 
attested by them, certified by the mayor and aldermen or 
selectmen, and sealed up, to the secretary of the Common¬ 
wealth ; they shall in like manner within ten days after an 
election for county treasurer or register of deeds, transmit 
such copies of the records of the votes to the county com¬ 
missioners of their several counties; and within seven 
days after an election for county commissioners, transmit 
such copies of the records of the votes to the clerks of the 
courts for their several counties ; but in Suffolk the return 
of votes for register of deeds shall be made to the board 
of aldermen of Boston, and in Chelsea, North Chelsea,f 
and Winthrop, the returns of votes for county commis¬ 
sioners shall be made to the clerk of the courts for the 


*• See section 35 of the General Act of 1874 relating to Elections (pages 10, 11 
of this pamphlet), which requires the whole number of ballots also to be stated 
in words at length; provided, &c. 

t The name of the town of North Chelsea has been changed to Revere. 


23 


General Statutes^ Chapter Seven. 

county of Middlesex. Or within three days after such 
elections, such clerks may deliver such copies, sealed up, 
to the sheriffs of their several counties, who within seven 
days after receiving them shall transmit them to the office 
of the secretary, and to the county commissioners, board 
of aldermen, and clerks of courts, as severally above 
designated. 

Section 18. Proof that a return of votes was properly 
directed to the person to whom it was required to be trans¬ 
mitted or delivered, and mailed within forty-eight hours 
after closing the polls, shall be a bar to any complaint 
for delinquency. 

Section 19. When a return of votes from a city or 
town is received at the office of the secretary of the Com¬ 
monwealth not sealed up as by law required, he shall 
forthwith give notice thereof to the returning officers; 
who upon the receipt of such notice shall make a copy of 
their record of the votes at said election and transmit the 
same, certified by them under oath to be correct, to the 
secretary, sealed up as required by law in the case of 
original returns. If such copy is received by the secre¬ 
tary before the day on which by law the returns are to be 
opened and the votes counted, and if upon opening said 
copy by the governor and council, the legislature, or any 
person authorized so to do, the original return is found in 
substantial conformity therewith, it shall not be rejected 
because of informality. 

Section 20. The secretary shall annually furnish to 
the several clerks of the cities and towns blank forms and 
envelopes for all returns of votes required to be made to 
his office, with such printed directions on the envelopes as 
he deems necessary for the guidance and direction of such 
officers in making the returns according to law. 

Section 21. A memorandum of the date of the recep¬ 
tion of all returns of votes at the secretary’s office shall 
be made at said office on the envelopes containing them; 
and if a return required to be sealed up is received 
unsealed, the secretary shall make a memorandum of such 
fact upon said return. 

Section 22. The secretary upon receiving such re¬ 
turned copies shall transmit them as received with their 
seals unbroken to the governor and council; and the gov¬ 
ernor with five at least of the council shall as soon as may 
be, examine them; and he shall issue his summons to 
such persons as appear to be chosen to the offices of gov- 


Returns by mail. 
1856, 255 § 2. 


When return is 
unsealed, secre¬ 
tary to give no¬ 
tice to returning 
officers, who 
shall transmit a 
sealed copy. 
1852, 209, § 2. 


Secretary to fur¬ 
nish blanks, &c. 
to cities and 
towns. 

1857, 295, § 1. 
Resolves, 1807,1. 


to record date 
of receiving re¬ 
turns, &c. 

1857, 295, § 2. 


Votes for gov¬ 
ernor, &c., by 
whom exam¬ 
ined. 

Constitution, 

1, § 2, art. 3. 
Amend, const, 
art. 16, 17, 19. 

R. S. 5, § 1. 

R. 8. 6, § 5. 

1866,173, §§4,10. 


24 


how certified. 
Amend, const, 
art. 16. 

1857, 295, § 3. 


Envelopes, &c., 
to be preserved 
and laid before 
legislature, &c. 
Amend, const, 
art. 16. 

1857, 295, § 4. 
1859, 27. 


Votes for county 
commissioners, 
by whom exam- 
ined. Penalty 
for neglect. 

R. S. 14, §§ 17, 
18, 28. 

1855, 3. 

13 Gray, 83. 


Board to file 
copies in clerk’s 
office. Penalty 
for neglect, 

1851, 16. 


Votes for county 
treasurer and 
register of deeds, 
how examined. 
R. S. 14, §§ 44, 
101 . 

R. S. Act of 
Amend. § 3. 

1855, 92, § 3. 

1856, 118, § 4. 

2 Gray, 370. 


General Statutes^ Chapter Seven. 

ernor, lieutenant-governor, councillors, secretary, treas¬ 
urer and receiver-general, auditor,* attorney-general and 
senators; and to such persons as appear to be chosen 
members of congress, commissioners of insolvency, sher¬ 
iffs, registers of probate and insolvency, district-attorneys 
and clerks of the courts, he shall forthwith transmit a cer¬ 
tificate of such choice signed by the governor and coun¬ 
tersigned by the secretary. 

Section 23. The governor shall in the presence of at 
least five councillors make and subscribe a certificate of 
the examination of the returns of votes for governor, 
lieutenant-governor, and councillors, required by article 
sixteen of the amendments of the constitution, and of the 
result of said examination. 

Section 24. After such examination, the returns shall 
be replaced in their respective envelopes, which with the 
returns and such certificate the governor shall deliver to 
the secretary, and the secretary on the first Wednesday 
of January shall lay the same, together with schedules 
showing the number of ballots which appear to have been 
cast for each person voted for, before the senate and 
house of representatives. 

Section 25. On the first Wednesday of the month suc¬ 
ceeding an election for county commissioner, the board 
of examiners for the county for which the election was 
held shall meet; and the clerk of the courts shall present 
the returned copies of votes at such election ; and the 
board shall open and examine them and notify the person 
chosen of his election. If such board or clerk wilfully 
neglects to perform any duty required of them under this 
section, each of them so neglecting shall forfeit a sum not 
exceeding two hundred dollars. 

Section 26. The board shall within three days after 
such examination file such copies in the office of the 
clerk; and any one of them wilfully detaining in his cus¬ 
tody such a copy three days after the time for filing it has 
expired shall forfeit fifty dollars and the same sum for 
each succeeding day of such detention; and the clerk 
shall notify the attorney-general of every neglect so to 
file, and every such detention. 

Section 27. County commissioners shall, on the first 
Wednesday of January after an election for county treas¬ 
urer or register of deeds in their county, open and ex¬ 
amine the returned copies of votes at such election, and 
notify the person chosen of his election; but in Suffolk 


25 


General Statutes^ C1ia])ter Seven, 

the board of aldermen of Boston, within ten days after an 
election for register of deeds for said county, shall so 
open and examine the votes of such election, and notify 
the person chosen. 

Section 28. Whoever knowing that he is not a quali¬ 
fied voter at an election wilfully votes for any officers to 
be then chosen, shall forfeit a sum not exceeding one hun¬ 
dred dollars for each offence. 

Section 29. [Repealed by Act of 1874, chapter 356. 
See page 18 of this pamphlet.] 

Section 30. Whoever wilfully gives a false answer to 
the selectmen or moderator presiding at an election, shall 
forfeit for each offence a sqm not exceeding one hundred 
dollars. 

Section 31. Whoever by bribery, or threatening to 
discharge from his employment, or to reduce the wages 
of, or by a promise to give employment or higher wages 
to a person, attempts to influence a qualified voter to give 
or withhold his vote in an election, shall be punished by 
fine not exceeding three hundred dollars or by imprison¬ 
ment in the county jail or house of correction for a term 
not exceeding one year, or both, at the discretion of 
court. 

Section 32. Whoever wilfully aids or abets any one, 
not legally qualified, in voting or attempting to vote at an 
election, shall forfeit a sum not exceeding fifty dollars for 
every such offence. 

Section 33. Whoever is disorderly in a meeting held 
for an election mentioned in this chapter, shall forfeit a 
sum not exceeding twenty dollars. 

Section 34. If a city or town officer wilfully neglects 
or refuses to perform the duties required of him respect¬ 
ing elections by the provisions of this chapter, he shall 
for each offence forfeit a sum not exceeding two hundred 
dollars. 

Section 35. The clerk of any city or town who fails 
to make return of the votes given therein in conformity 
with the provisions of law, shall be liable to a fine of not 
less than five and not more than fifty dollars. 

Section 36. Elections in cities shall be conducted 
according to the provisions of the acts establishing them 
and of the several acts in addition thereto, so far as they 
are not inconsistent with the provisions of this chapter.* 

* See section 53 of the General Act of 1874 relating to Elections, at pages 15,16 
of this pamphlet. 


Penalty for vot¬ 
ing, if not qual¬ 
ified. 

R. S. 4, § 6. 

9 Met. 268. 


for giving 
false answers. 
R. S. 4, § 8. 

7 Met. 52. 


for attempt- 
ing to influence 
voters by bribes 
or threats. 

1852, 321. 


for aiding un¬ 
qualified per¬ 
sons to vote. 

R. S. 4, § 9. 


for disorderly 
conduct. 

R. S. 4, § 10. 

16 Mass. 385. 


on town offi¬ 
cers for neglect 
of duty. 

See Ch. 6, § 12. 


on clerks. 
1856, 255, § 1. 


Elections in 
cities. 

R. S. 4, § 12. 


4 


26 


Creneral Statutes, Chapters Eight and Nine. 


Election of gov¬ 
ernor and other 
state officers. 
Constitution; 

1, § 2, art. 1. 

1, § 3, art. 1,2,3. 

2, § 1, art. 2, 3. 

2, § 2, art. 1. 
Amend, const, 
art. 15, 16, 17, 
21 , 22 . 


Representatives 
in congress 
when to be 
chosen. 

R. S. 6, § 3. 
1856, 224. 

1 Mass. 424. 


Return of votes. 
R. S. 6, § 4. 
1857, 171, §§ 1,2. 
1857, 295, § 1. 


Proceedings in 
case of no 
choice. 

R. S. 6, § 6. 


III. THE DAY OF ELECTION. 

General Statutes, Chapter 8, § 1. 

Section 1. The governor, lieutenant-governor, coun¬ 
cillors, secretary, treasurer and receiver-general, auditor, 
attorney-general, and senators and representatives in the 
general court, shall be elected annually on the Tuesday 
next after the first Monday of November, as prescribed 
in the constitution. 


IV. ELECTION OF EEPEESENTATIVES IN CONGEESS. 

General Statutes, Chapter 9*, §§ 3-8, 

Section 3. The mayor and aldermen and selectmen of 
the several cities and towns shall as provided in chapter 
seven^ [sections nineteen, twenty and twenty-one of the 
act relating to elections,!] call meetings to be held on the 
Tuesday next after the first Monday in November in the 
year one thousand eight hundred and sixty, and thence 
afterwards, biennially, on the Tuesday next after the first 
Monday in November, for the voters to give their votes 
for representatives in congress. 

Section 4. The clerks, in making their returns of 
votes for representatives to congress under section fifteen 
of chapter seven,! shall transmit them in envelopes ex¬ 
pressing on the outside the district in which the votes 
were given. 

Section 5. In case of no choice in a congressional 
district, the governor shall cause precepts to issue to the 
mayor and aldermen and selectmen of the several cities 
and towns in the district, directing them to call a new 
meeting on the day appointed in such precept, for the 
voters to give their votes for a representative in congress. 
The precept shall be accompanied with a list of all the 
persons voted for in the district who received fifty votes 
or more according to the next preceding return, and shall 
show the number of votes for each of such persons ; sim¬ 
ilar proceedings shall be had thereon and the same returns 

* Sections 1 and 2 of Chapter 9 of the General Statutes contain the provisions 
establishing the districts for the choice of representatives in congress, as they 
existed at the time of the passage of the General Statutes, and having been su¬ 
perseded by later acts, are no longer in force. 

t See these sections of the general act of 1874, relating to elections, at page 7 
of this pamphlet. » • 

X Um*epealed section. See pages 21, 22 of this pamphlet. 


27 


General Statutes, Chapter Nine. 

made as in an original election; and the like proceedings 
shall be repeated as often as occasion may require. 

Section 6. When a vacancy happens in the represen- Proceedings in 
tation of this Commonwealth in congress, the governor S. 
shall cause precepts to issue for a new election in the dis- ^ 
trict where the vacancy exists; and similar proceedings 
shall be had thereon as in an original election. 

Section 7. The several sherilfs, upon receiving pre- Sheriffs to trans- 
cepts from the governor for the election of a representative 
in congress, shall seasonably transmit them to the officers 
of the towns or cities within their respective counties to 
whom they are directed. 

Section 8. If any city or town officer wilfully neg- Penalty for neg¬ 
lects or refuses to perform any duty required of him in townoffiErr"^ 
this chapter, he shall forfeit for each offence a sum not ^ 
exceeding two hundred, nor less than thirty dollars. 


V. ELECTORS OF PRESIDENT AND VICE-PRESIDENT OF THE 
UNITED STATES. 

General Statutes, Chapter 9, §§ 9-18. 

Section 9. In each year, when the election of pres- Electors of pres 
ident and vice-president of the United States takes place, president S^be 
there shall be chosen as many electors of president and 
vice-president as the Commonwealth is at such time en- • 
titled to. 

Section 10. The mayor and aldermen and selectmen choice of eiec- 
of the several cities and towns, shall, in the manner pro- 
vided in section three of chapter seven^ [sections nineteen, 35, §i. 
twenty and twenty one of the act relating to elections,] * 
call meetings to be held on the Tuesday next after the 
first Monday in November of such year, for the voters to 
give their votes for the whole number of electors to which 
the Commonwealth is entitled. 

Section 11 . The names of all the electors to be chos- Names of eiec- 
en shall be written on each ballot; and each ballot shall 
contain the name of at least one inhabitant of each con- 
gressional district into which the Commonwealth shall be 
then divided; and shall designate the congressional dis¬ 
trict to which he belongs. 

Section 12. Votes for electors shall be counted, re- Return of votes, 
corded, certified, sealed, and transmitted, to the secretary 

1857, 171, §§ 1, 2. 

* See these sections of the general act of 1874 relating to elections, at page 7 
of this pamphlet. 


28 


Governor, Sec., 
to count votes, 
and notify per¬ 
sons elected. 
1851, 40, § 2. 


If a majority are 
not chosen, resi¬ 
due to be chosen 
by general court. 
1851, 40, § 3. 


Time and place 
of meeting of 
electors. 


Vacancies, how 
fllled. 

li. 8. 6, § 21. 
Art. amend. 12, 
U. 8. const. 

U.8. 8tat. 1792,8. 
1804, 50. 


Electors to vote, 
and certify and 
transmit, their 
votes to seat of 
government. 

R. 8. 6, § 22. 

U. 8. const, art. 
amend. 12. 
U.8.8tat. 1792,8. 
1804, 50. 


Compensation. 
R. 8. 6, § 23. 
1858, § 2. 


Duties of sheriffs 
and town oflScers 
in election of 
electors. 

R. 8. 6, § 24. 


General Statutes^ Chapter Nine. 

of the Commonwealth, as provided in sections fifteen, six¬ 
teen, and seventeen of chapter seven.* 

Section 13. The governor and council shall open and 
examine such returns and count the votes, and the several 
persons who have received the highest number of votes so 
returned shall be declared elected, and the governor shall 
forthwith transmit to each person so chosen a certificate of 
his election. 

Section 14. If upon examination of the votes it ap¬ 
pears that a majority of the whole number of electors are 
not chosen, the governor shall forthwith by proclamation 
call the legislature together, which shall, by joint ballot of 
the senators and representatives assembled in one room, 
choose as many electors as are necessary to complete the 
full number. 

Section 15. The electors shall convene at the state 
house in Boston on the Tuesday preceding the first 
Wednesday of December following their election, at three 
o’clock in the afternoon. In case of the death or absence 
of an elector, or in case the number of electors is defi¬ 
cient, the electors present shall forthwith elect from the 
citizens of the Commonwealth so many persons as shall 
supply the deficiency. 

Section 16. The electors so convened shall on said 
first Wednesday of December vote by ballot for one per¬ 
son for president and one person for vice-president of the 
United States; one. of whom at least shall not be an in¬ 
habitant of this Commonwealth. They shall name in their 
ballots the person voted for as president, and in distinct 
ballots the person voted for as vice-president; and they 
shall make distinct lists of all persons voted for as presi¬ 
dent and vice-president, and of the number of votes given 
for each; which lists they shall sign, and certify, and 
transmit, sealed up, to the seat of the government of the 
United States, directed to the president of the senate; 
and they shall in all respects proceed conformably to the 
constitution and laws of the United States. 

Section 17. Each elector shall receive three dollars a 
day for attendance, and the same compensation for travel 
as is allowed to a member of the general court. 

Section 18. All laws in relation to the duties of sher¬ 
iffs, city and town officers, and voters, in the election of 
civil officers, shall, as far as the same may be applicable. 


* Unrepealed sections; see pages 21, 22 of this pamphlet. 


29 


General Statutes, Cliajyter Ten. 

apply to the meetings and elections held respecting the 
choice of electors of president and vice-president of the 
United States ; and like penalties shall be incurred for the 
violation thereof. 


VI. DISTRICT AND COUNTY OFFICERS. 

General Statutes Chapter 10.* 

Section 1. District-attorneys, clerks of the courts, 
registers of probate and insolvency, sheriffs, commission¬ 
ers of insolvency, county commissioners, special commis¬ 
sioners, county treasurers, and registers of deeds, shall be 
chosen by ballot on the Tuesday next after the first Mon¬ 
day of November in the years in which said officers are 
respectively to be elected except as hereinafter provided. 
Those persons now holding said offices shall continue to 
hold the same during the terms for which they are elected, 
unless sooner removed as provided by law. 

DISTRICT-ATTORNE YS. 

Section 2. In the year eighteen hundred and sixty- 
two and every third year thereafter, there shall be elected 
by the voters in each of the districts into which the Com¬ 
monwealth is divided for the administration of the criminal 
law, a district-attorney, who shall be a resident within the 
district. The officers so elected shall hold their offices for 
three years from the first Wednesday in January following 
their election. 


clerks of the courts. 

Section 3. In the year eighteen hundred and sixty- 
one and every fifth year thereafter, there shall be elected 
by the voters in the county of Suffolk, a clerk of the su¬ 
preme judicial court for said county, and two clerks of the 
superior court for said county, one for the civil, and one 
for the criminal business, and by the voters in each of the 
other counties a clerk of the courts for the county, who 

* The provisions of chapter ten of the General Statutes, relating to the election 
of district-attorneys, clerks of the courts, registers of probate and insolvency, 
sheriffs, commissioners of insolvency, county commissioners and special commis¬ 
sioners, county treasurers and registers of deeds are not affected so far as they 
relate to the manner of conducting said elections, by the general act of 1874 re¬ 
lating to elections, nor by any of the acts passed since the General Statutes in¬ 
corporated in said act; and that chapter is accordingly here printed as it stands 
in the General Statutes. The name of the town of North Chelsea has been 
changed to Revere. 


Election of dis¬ 
trict and county 
officers. 

Amend const, 
art. 19. 

R. 8. 14, § 16. 

1854, 77, §§ 1, 5. 

1855, 92, §§ 1, 5. 

1856, 173, §§ 1, 2, 
5. 

1858, 93, §§ 4, 5. 


district-attor 

neys. 

R. 8. 13, § 37. 
1856, 173, §§ 1, 5. 


clerks of courts 

1856, 173, §§ 2, 6, 

7. 

1857, 1. 

1859, 196, § 9. 


30 


General Statutes^ Chapter Ten, 

shall act as clerk of the supreme judicial court, the supe¬ 
rior court, and the county commissioners: Such clerks 
shall hold their offices for five years from the first Wednes¬ 
day of January following their election, unless sooner 
removed as provided by law. 

EEGISTEES OF PEOBATE AND INSOLVENCY. 

registers of SECTION 4. Ill the year eighteen hundred and sixty- 

probate and in- ^ i 11 i i n 

solvency. three and every hfth year thereafter, there shall be elected 

1858, 93, § 4. voters in each county a register of probate and in¬ 

solvency for the county, who shall hold his office for five 
years from the first Wednesday of January following his 
election. 


SHEEIFFS AND COMMISSIONEES OF INSOLVENCY. 


f 


sheriffs and 
commissioners 
of insolvency. 
1848, 304, § 1. 

1851, 3-J2. 

1852, 112. 

1856, 173, §§ 1, 5. 


Section 5. In the year eighteen hundred and sixty- 
two and every third year thereafter, there shall be elected 
by the voters in each county a sheriff for the county, and 
in the county of Worcester four commissioners of insolv¬ 
ency, and in each of the other counties three commission¬ 
ers of insolvency. Each of said officers shall hold his 
office for three years from the first Wednesday in January 
following his election. 


Election of 
county commis- 
sioners. 

a. S. 14, §§ 16,24. 
1850, 299, § 2. 
1852, 53. 

1854, 77, § 3. 

3 Gray, 126. 


special com¬ 
missioners. 

R. S. 14, §§ 21, 
24. 

1850, 299, § 2. 
1852, 53. 

1854, 77, § 6. 


Not more than 
one commission¬ 
er to be chosen 
from the same 

{ ilace. 

1. S. 14, § 23. 
1854, 77, §§ 3,6,7. 


COUNTY COmilSSIONEES AND SPECIAL COMMISSIONEES. 

Section 6. The voters in the county of Middlesex with 
those of the city of Chelsea and the towjis of North Chel¬ 
sea and Winthrop, and the voters in each of the other 
counties except Suffolk and Nantucket shall annually elect 
one county commissioner for the county, who shall hold 
his office for three years and until his successor is elected 
and qualified. There shall be three county commissioners 
in each county except Sufiblk and Nantucket. 

Section 7. In the year eighteen hundred and sixty- 
two and every third year thereafter, there shall be elected 
by the voters in the county of Middlesex with those of the 
city of Chelsea and the towns of North Chelsea and 
Winthrop, and by the voters in each of the other counties 
except Suffolk and Nantucket, two special commissioners 
for the county, who shall hold their offices for three years 
and until their successors are elected and qualified. 

Section 8 .* Not more than one of the county com- 

* This section is here printed as amended hy the act of 1874, chapter 329, printed 
at page 19 of this pamphlet. ^ 


31 


General Statutes^ Chapter Ten. 

missioners and special commissioners in each county, shall 
he chosen from the same city or town. When at any elec¬ 
tion, two persons residing in the same city or town have a 
plurality of votes, whereby one would otherwise be elected 
county commissioner and the other special commissioner, 
or both, to either of those offices, the one who has the 
highest number of votes shall be elected, and when both 
have an equal number neither of them shall be deemed 
elected. When a person residing in a city or town in 
which a county commissioner or special commissioner who 
is to remain in office resides, has a plurality of the votes, 
he shall not be elected. 

COUNTY TREASURERS AND REGISTERS OF DEEDS. 

Section 9. In the year eighteen hundred and sixty- 
one and every third year thereafter, there shall be elected 
by the voters in each county, except Suffolk and Nan¬ 
tucket, a suitable person residing therein, to be treasurer 
of the county, who shall hold his office for three years and 
until his successor is elected and qualified. At the same 
times there shall be elected by the voters in each district 
for the registry of deeds, and in each county not divided 
into such districts, a suitable person residing therein to be 
register of deeds for such district or county, who shall hold 
his office for three years and until his successor is elected 
and qualified, unless sooner removed as provided by law. 

FAILURES TO ELECT. 

Section 10. If on the days aforesaid there is a failure 
to elect a district-attorney, clerk of the courts, register of 
probate and insolvency, sheriff, or commissioner of insolv¬ 
ency, in any district or county, the governor shall by 
proclamation declare such failure and order a new election 
to be had on such day as he shall appoint, and shall con¬ 
tinue so to order such elections until a choice is effected. 

Section 11. If on said days there is a failure to elect 
a county commissioner or special commissioner for any 
county, the board of examiners shall forthwith issue their 
warrant to the mayor and aldermen and selectmen of the 
cities and towns in such county, or in the county of 
Middlesex, to the mayor and aldermen and selectmen of 
the cities and towns in said county, and of Chelsea, North 
Chelsea, and Winthrop, requiring them on a day men- 


Election of 
county treasurer 
and register of 
deeds. 

R. S. 14, §§101, 
111, 112,113,114. 
1837, 186. 

1855, 79. 

1855, 92, §§ 1, 3. 

1856, 118. 

2 Gray, 370. 
1869, 445, § 3. 


In case of fail¬ 
ures to elect dis¬ 
trict-attorney, 
clerk of courts, 
register of pro¬ 
bate and insol¬ 
vency, &c. 

1856, 173, § 4. 
1858, 93, § 12. 


commissioners 
and special com¬ 
missioners. 

R. S. 14, §§ 19, 
20 . 


32 


General Statutes, Clia^pter Ten, 


tioned in their warrant, which shall be within twenty days 
after issuing the same, to call meetings of the voters in 
their respective places for completing such elections, and 
they shall continue so to issue their warrants until a choice 
is effected. At each election the examiners shall furnish 
the mayor and aldermen and selectmen with a list of the 
persons not elected, who at the preceding election received 
more than twenty-five votes. 

to'^S^Sunty Section 12. If on said days there is a failure to elect 
treasurer and a couiity ti’casui'er or register of deeds for any county or 
R. s. 14, §§ 107, district, the county commissioners shall forthwith issue 
’ ■ their warrant to the mayor and aldermen and selectmen 

of the several cities and towns in such county or district, 
requiring them on a day mentioned in the warrant to call 
meetings of the voters in their respective places for com¬ 
pleting such elections, and they shall continue so to issue 
their warrants until a choice is effected. The commis¬ 
sioners shall in such cases meet and count the votes at 
such times as they shall adjourn to, for that purpose. 


R. S. act of 
amend. § 3. 
1856,118. 
See § 16. 


Vacancies in 
office of clerk, 
&c. how filled. 
1856, 173, §§ 8, 9. 
See § 16. 

Ch. 17, § 81. 

Ch. 119, § 13. 


commissioner, 
and special com¬ 
missioner. 

R. 8. 14, § 22. 
18.50, 299, § 2. 
1852, 63. 

See § 16. 


county treas¬ 
urer or register 
of deeds. 

R. 8. 14, § 107. 
R. S. act of 
amend. § 3. 

18.56, 118. 

See § 16. 

Ch. 17, § 87. 


VACANCIES. 

Section 13. If a person elected to either of the offices 
mentioned in section ten is removed therefrom, or other¬ 
wise vacates the same, an election to fill such office for 
the remainder of his term shall be ordered by the gov¬ 
ernor, and shall be had on the Tuesday next after the first 
Monday of November. 

Section 14. A vacancy in the office of county com¬ 
missioner or special commissioner of any county may be 
filled at any time when the board of examiners think it 
expedient; and they shall issue their warrant therefor to 
the mayor and aldermen and selectmen of the cities and 
towns of such county, or in the county of Middlesex to the 
mayor and aldermen and selectmen of the cities and towns 
therein, and of Chelsea, North Chelsea, and Winthrop, 
and the person chosen shall fill the office for the remainder 
of the terra. 

Section 15. If a person elected county treasurer or 
register of deeds resigns or otherwise vacates the office, an 
election to fill the same for the remainder of the term shall 
be had on the Tuesday next after the first Monday of 
November upon the order of the county commissioners, 
who shall issue their warrant therefor as in the case of 
failure to elect. 


33 


General Statutes^ Chapter Ten, 

Section 16. If the mayor and aldermen or selectmen penalty on ee- 
of any place wilfully neglect to comply with a ^arrant or negilti.' 
order issued under either of the six preceding sections, 
each of them so neglecting shall forfeit a sum not exceed¬ 
ing two hundred dollars. 


The following acts are not included in this pamphlet, for the reason 
that they do not directly affect any of the provisions of the acts 
relating to elections in the several cities and towns, to which refer¬ 
ence is made in the resolve authorizing the preparation of this pam¬ 
phlet ; but, as they have some relation to the subject, note is here 
made of their titles, lest the omission of any allusion to them should 
give rise to the impression that they have been repealed. 

Act of 1865, Chapter 68. An Act to preserve the Right of Suffrage 
to Soldiers and Sailors. 

Act of 1865, Chapter 121. An Act relating to the abatement of 
Taxes. 

Act of 1865, Chapter 206. An Act in relation to the assessment of 
Taxes (by which § 50 of chai)ter 11 of the General Statutes is 
repealed). 

Act of 1871, Chapter 124. An Act to provide for the use of a Check- 
List in the election of the Officers of Fire Districts. 


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•V.L 







INDEX. 




Page 

Acts concerning elections unrepealed, ..... 33 

Acts concerning elections repealed, ..... 17 

Additions to voting-list not to be made after received by ward 

officers, unless, etc., ....... 5 

Aldermen to be in session day before election for the purpose of 

perfecting voting-lists, ....... 5 

Alphabetical list of voters, correct lists to be made and posted up, . 4 

Alphabetical list of voters, selectmen of towns to be in session to 

correct, . . . . . . . . . .5, 6 

Alphabetical list of voters, mayor and aldermen of cities to be in 

session to correct, ....... 5 

Alphabetical list of voters, names not to be added, etc., unless, etc., 5 

Alphabetical list of voters, ward in which voters in cities should be 

registered, ........ 5 

Alphabetical list of voters, exception, in case of removal, . . 5, 6 

Alphabetical list of voters, names to be entered and erased, . . 6 

Alphabetical list of voters, provision with reference to entering 

names of naturalized citizens, ...... 6 

Alphabetical list of voters, to be furnished to presiding officers, . 7, 8 

Alphabetical list of voters, to be closed and sealed iip, in cities, . 12 

Alphabetical list of voters, to be closed and sealed up, in towns, . 14 

Alphabetical list of voters, penalty for voting upon another name, . 18 

Alphabetical list of voters, act to protect the use of, . . . 18 

Amendments to constitution, reference to, . . 21, 23, 24, 26, 29 


Assessments on polls and estates, when to be made, ... 4 

B. 

Ballots, number not to be stated before close of the polls, . . 16 

Ballots, number of to be distinctly stated by returning officers in 

words at length, ........ 10 

Ballots to be secured in sealed envelopes, .... 11 

Ballots to be retained sixty days, in cities, .... 12 

Ballots to be retained sixty days, in towns, .... 14 

Ballots, recount of, . . . . . . • • 15 

Blanks, Secretary of the Commonwealth to furnish to cities and 
towns, . . . . • • • • .10 


6 







36 


Index, 


Page 


Board of examiners for county officers, ..... 24 

Board of examiners to die copies, in clerk of courts’ office, . . 24 

Bribery at elections, penalty for, . . . . . . 18 • 

Bribes or threats, attempting to inliueiice voters by, penalty for, . 25 


c. 


Challenge of vote, duty of ward officer when, .... 13 

Challenge of vote, duty of selectmen, ..... 14 

Check-list; see Aljjhaietical list of voters. 

Check-list in towns to be endorsed and sealed up, ... 14 

Choice of electors for president and vice-president, when meeting 
is to be holden for, ....... 27 

Choice of governor and state officers, when meeting is to be holden 
for, .......... 26 

Choice of representatives when not effected, certificate of the fact 

to be transmitted to Secretary of the Commonwealth, . . 10 

City charters, specific provisions in relation to elections, to remain 
in force, ......... 15 

City, elections in, how to be conducted, ..... 25 

Certificate of election of representative, form of, . . . 9 

Certificate of election, duplicates to be made, . . . . 9 

Certificate of election in certain districts to be made by selectmen, . 9 

Certificate of election in districts composed of more than one town 

or ward to be made by clerk, ...... 9 

Certificate of election, penalty on selectmen or clerk for false one, . 11 

Clerks of cities and towns to make return of votes to Secretary of 
the Commonwealth within ten days after eleetion, ... 22 

Clerks of towns to preserve envelope containing votes unopened for 
sixty days, ........ 14 

Clerks of courts, when chosen and term of office, ... 29 

Clerks to assemble and see who are chosen representatives, . . 9 

Clerks of representative districts, place of meeting, ... 8 

Clerks to make returns and record within four days, ... 9 

Clerks to procure envelopes of Secretary of Commonwealth, . . 20 

Clerks of towns neglecting to make returns of votes, penalty for, . 25 

Collectors* of taxes to keep account of names of persons paying 
taxes, ......... 4 

Collectors of taxes, names returned by, to be placed on voting-list by 

selectmen, ........ 6 

Compensation of electors for president and vice-president, . . 28 

Compensation of selectmen and clerks of towns, ... 11 

Commissioners of insolvency, when chosen and term of office, . 30 

Constitution, reference to amendments of, . . . 21, 23, 24, 26 

Constitution of United States, reference to, .... 28 

Congress, representatives to, qualification of voters for, . . 3 

County and district officers, election of, . . . . . 29 

County commissioners and special commissioners, when chosen and 
term of office, ........ 30 







Index. 


37 


County commissioners to call meetings where no choice is made of 
county treasurer, ....... 

County commissioners, vacancy how filled, .... 

County treasurer, when chosen and term of office, . . 

County treasurer, votes for, by whom examined. 


Page 


32 

32 

31 

24 


D. 

Day of election, ........ 

Deeds, registers of, when chosen and term of office. 

District attorneys, when chosen and term of office. 

District and county officers, election of, . . . . 

Disorderly conduct at elections, penalty for, . . . . 

Duplicate certificates of choice of representative to be made by clerk. 
Duplicate certificates of choice to be made by selectmen. 

Duties of sheriffs in regard to electors of president and vice-presi¬ 
dent, ......... 

Duty of ward officers wlien a vote is challenged. 


26, 29 
31 
31 
29 
25 
9 
9 

28 

13 


E. 

Elections in cities, provisions relating to, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 

18, 20, 21, 22, 23, 25, 26, 27 
Elections in towns, provisions relating to, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 18, 21, 

22, 23, 25, 26, 27 

Election of governor and other state officers, when holden, . . 26 

Electors of president and vice-president, .... 27, 28 

hlnvelope, ballots to be secured in, by municipal officers, . . 11, 14 

Enveloi^e, provisions relating to, ... 11, 12, 14, 20, 24 

Envelope containing ballots not to be opened by municipal officers 
for sixty days, . . . . . . . . 12, 14 

Envelope, self-sealing. Secretary of the Commonwealth to provide 

for cities and towns, ....... 20 

Examination of returns, after opening, to be placed in their respect¬ 
ive envelopes, ........ 24 

Examination of votes to be made by governor and five councillors, . 24 

Examiners, board of, to count votes for certain county officers, . 24 


F. 

Failure to elect county commissioners, or special commissioners in 
case of, proceedings to be had, ...... 31 

Failure to elect county treasurer or register of deeds, in case of, pro¬ 
ceedings to be had, ....... 32 

Failure to elect district attorney, clerk of courts, register of probate 
and insolvency, sheriff or commissioner of insolvency, in case of, 
to be appointed by the governor, ..... 31 

Failure to elect representative in congress, in case of, proceedings to 

be had, ......... 26 

False name, j)enalty for voting under, ..... 18 



.38 


Index. 


^ * Page 

General Statutes, chapter six, rei)eal of, ..... 16 

General Statutes, chapter six, provisions in aniendnient of, . . 3, 4, 5, 6 

General Statutes, chapter seven, provisions remaining in force, 20, 21, 22, 23, 

24, 25 


General Statutes, chapter seven, repeal of certain sections, . . 16 

General Statutes, chapter seven, repeal of section 29, . . . 18 

General Statutes, chapter seven, provisions in amendment of, . 7, 8 

General Statutes, chapter eight, provisions remaining in force (one 
section only), ........ 26 

General Statutes, chapter eight, repeal of certain sections, . . 16 


General Statutes, chapter eight, provisions in amendment of, 8, 9, 10, 11 
General Statutes, chapter nine, provisions remaining in force, 26, 27, 28 
General Statutes, chai)ter ten, provisions remaining in force, 29, 30, 31, 32, 33 


General Statutes, chapter ten, amendment to section 8, . . 19 

General Statutes, chapter seventeen, amendment to section 13, . 19 

Governor and council to count votes and notify persons chosen as 
electors, ......... 28 

Governor and five councillors to make and subscribe certificate of 
the examination of votes, ...... 24 

Governor to make proclamation and ordei' an election in cases where 
no choice is made of certain county officers, . ... 31 


H. 

How persons may be assessed after May Ist, 
How qualified a voter. 


4 

1 


I. 

Indians, rights of, not to be abridged. 
Influencing voters by bribes, penalty for. 


16 

25 


L. 

List of voters; see Alphahetical list of x'oters. 

M. 

Mayor and aldermen and clerk to examine returns, may require new 

ones if faulty, ........ 22 

Mayor and aldermen to be in sessioti to receive (pialification of 

voters, ......... 5 

Meetings, Avhen may be opened, ....:. 7 

Meetings in cities, . . . . . . . . 2 

Meetings in toAvns, ........ 7 

Meetings, when selectmen may preside, ..... 7 

Moderator of town meeting, ...... 21 






Index, 39 


Page 


Names of electors for j)resident and vice-president to be on one 
ballot; ......... 27 

Name, fraudulently given, penalty for voting under, ... 18 

Names returned by tax collector to be entered on voting-lists, . 6 

Naturalization papers must be shown before name is placed on list, 6 

Number of ballots to be distinctly stated and written out in words 

at length, ......... 10 

Number of votes not to be made public before the close of the polls, 16 


o. 

Officers of towns neglecting duty in regard to returns of votes, 
penalty for, ........ 15 

Officers of wards not to add names of voters to list, unless, . . 5 

Officers, county, concerning election of, . . . . . 29 


Penalty for bribery at elections, ...... 18 

Penalty for illegal voting, ....... 18 

Penalty for voting under false name, ..... 18 

Penalty on board of examiners for non-performance of duty, . 24 

Penalty on city and town officers for neglect of duty, required by 
General Statutes, chapter 9, ...... 27 

Penalty for municipal officers neglecting to perform duties in regard 
to county officers, ....... 32 

Plurality, person or persons having the highest number of votes to 
be deemed and declared to be elected, .... 21 

Precepts to be transmitted to sheriffs, ..... 27 

Probate and insolvency, registers of, when chosen and term of office, 30 

Q- 

Qualifications of voters, ....... 3 

R. 

Register of deeds, when chosen and term of office, . . . 31 

Register of deeds, in case no election is made, county commissioners 

to call new meeting, ....... 32 

Register of deeds, votes for, by whom examined, ... 24 

Register of probate and insolvency, when chosen and term of office, 30 

Registrars of votes in Boston, validity of act creating board of, 

confirmed, ......... 16 

Registration of voters ; see Alpliahetical list of voters. 

Repeal of General Statutes, chapter 7, section 29, ... 18 

Repeal of portions of General Statutes, and of certain acts, . . 16, 17 

Representative, when no choice of is made, certificate of the fact to 
be made to the Secretary of the Commonwealth, 


10 


40 


Index. 


Page 

Representatives to general court to be voted for on one ballot, . 8 

Representatives, when vacancy occurs, how filled, ... 10 

Represeutatives, Avhen to be chosen, ..... 26 

Representatives in congress, when no choice is made, proceedings in 
reference thereto, ....... 26 

Returns by mail, proof of having been forwarded to be a bar in 
regard to delinquency, ....... 23 

Returns, when received unsealed, notice to be given to returning 

officer, ......... 23 

Returns, tax collectors to make to selectmen, of those persons pay¬ 
ing taxes, ......... 4 

Rights of Indians not to be abridged, ..... 16 


s. 

Sealed up, check-lists to be, in cities, .... 

Sealed up, check-lists to be, in towns, .... 

Secretary of the Commonwealth to furnish blank forms. 

Secretary of the Commonwealth to provide self-sealing envelopes to 
cities and towns, ....... 

Secretary of the Commonwealth to certify such officers as appear to 
have been chosen, ...... 

Secretary of the Commonwealth to furnish blanks to cities and 
towns, with printed directions how to use, . 

Secretary of the Commonwealth to record date of reception of votes 
on envelopes, ....... 

Selectmen, duty of, when vote is challenged. 

Selectmen to preserve and seal up ballots in envelope, 

Selectmen, penalty on, for false certificate. 

Selectmen to make return of election of representatives in districts 
where there is but one town, ..... 

Selectmen, when to preside at town meetings, . 

Selectmen, duties of presiding officers, .... 

Selectmen, when must enter additional names of qiialified voters. 
Selectmen, to be in session within forty-eight hours of election, 
Selectmen, when not answerable for refusing vote. 

Selectmen, to provide self-sealing envelopes at the polls, 

Selectmen, tax collectors to make returns to, of persons who pay 
taxes on polls or estates, ..... 

Sheriffs, duties of in regard to choice of electors of president anc 
vice-president, ....... 

Sheriffs, to transmit precepts when issued by governor, concerning 
elections, ........ 

Sheriffs, when chosen, and term of office. 


12 

14 

10 

20 

23, 24 

23 

23 

14 

14 

11 

9 

7 

7,8 

6 

5 

21 

20 

4 

28 

27 

30 


T. 

Taxes, collectors of, to give receipts to persons paying taxes, and 
make returns to selectmen twice each year, .... 
Threats used to influence voters, penalty for, .... 


4 

25 



Index. 41 

Page 

Town officers, neglect of duty in not returning votes, penalty on, . 25 

Towns and wards comprising part of a district, transcript of record 
to be sent to clerks immediately, ..... 8 

Treasurer of county, when chosen, and term of office, ... 31 


V. 

Vacancy, clerks of courts, how filled, . . . . . 

Vacancy, county commissioners, how filled, . . . . 

Vacancies in certain county offices, how filled, . . . . 

Vacancies in representative districts, how filled. 

Vacancies in congressional districts, proceedings to be had, . 
Vacancies in electors of president and vice-president, how filled. 
Vote of electors of president and vice-president to be certified and 
transmitted to the seat of government, .... 

Vote, when challenged, duty of selectmen, . . . . 

Voter giving false answers, j)enalty for, .... 

Voter not qualified attempting to vote, penalty for, . 

Votes for county commissioners, by whom examined, . 

Votes for county treasurer and register of deeds, how examined. 
Votes for governor, by whom examined, . . . . 

Votes, how deposited, ....... 

Votes, what shall be received, ...... 

Votes, when to be rejected, ...... 

Votes, how deposited, ....... 

Votes for electors for president and vice-president, how to be 
returned, ......... 

Votes not to be declared before close of the poll. 

Voters, list of; see Alphabetical list of voters. 

Voters must be entered on list by selectmen, .... 

Voters must produce naturalization papers to selectmen. 

Voters’ names to be entered by selectmen as returned by collectors. 
Voters’ names not to be registered in new ward until after a resi¬ 
dence of three months, ....... 

Voters, qualifications of, . 

Voters to be registered where assessed, ..... 

Voters to be notified to bring in their votes for representatives on 
one ballot, ........ 

Voting, illegal, penalty for, ...... 

Voting under false name, ....... 

Voting, aiding persons not qualified, penalty for. 


32 

32 

32 

10 

27 

28 

28 

14 

25 

25 

24 

24 
23 
21 
21 
21 
21 

27 

16 

6 

6 

6 

5 

3 

5 

8 

18 

18 

25 


w. 

Ward clerk, duties of, . . . 9, 10, 11, 12, 13, 15, 16, 22, 23, 25 

Ward officers in cities, provisions relating to their duties, 3,7, 8, 9, 10, 11, 12, 

13, 16, 20, 21, 22, 23, 25 

Ward officers to make public declaration of vote in open meeting, . 4 

Ward officers not to receive additional names to list, unless, . . 5 




42 


Index. 


Page 

Ward, voter iriutjt reside in ward three months before qualified to 
vote, ......... 5 

Warden, penalty on for declaring vote before the close of the polls, 16 
Warden to transmit ballots to city clerk, . . . . 11 

Wa^i'rant for town meeting, penalty on selectmen for not issuing, . 32 










